Any search conducted by school authorities must be reasonable. It must be authorized by statute and appropriate in all the circumstances. The factors to be considered in deciding whether a search conducted by teachers or principals in response to information received is reasonable are:
48 whether the relevant legislation (in Ontario the Education Act) provides authorization for such searches in appropriate circumstances;
49 if the search itself was carried out in a reasonable manner, sensitive to all circumstances and minimally intrusive.1
The school authorities must have reasonable grounds to believe there has been a breach of school regulations or discipline and a search of a student would reveal evidence of that breach. The search must be on school property and conducted by teachers or school officials within the scope of the responsibility to maintain order, discipline and safety within the school. The mere fact that there is co-operation between a vice-principal and the police does not make the vice-principal an “agent” of the police.
Continue reading “School Searches (Part 2)”